PROCEDURE-COURT

PROCEDURE-COURT

Housing Court Can't Rule on Occupants' Claim That New Landlord Was Part of Mortgage Fraud Scheme

November 27, 2018    

Landlord sued to evict three building occupants in separate housing court proceedings that were consolidated before the court. Landlord claimed that it bought the building from prior owner and that occupants'...

Appeals Court Won't Delay Eviction Case While Parties' Other Case Is Pending

November 27, 2018    

(Decision submitted by Tony Subraj, Vice President of Zara Realty, for the landlord.)

Landlord's Notice to Cure Was Defective

November 27, 2018    

Landlord sued to evict rent-stabilized tenant for breaching his lease by overcrowding the apartment and for creating excessive noise. The court dismissed the case. Landlord's notice to cure didn't refer to...

New Landlord Can't Reopen Rent Overcharge Case

November 17, 2018    

Tenants sued landlord, claiming fraudulent deregulation of rent-stabilized apartments and rent overcharge. The court ruled for tenants. Landlord and new landlord appealed. The appeals court ruled against them. New...

Federal Court Permits Landlord's Constitutional Challenge to "Airbnb Law" to Go Forward

October 29, 2018    

Landlord sued the city, claiming that New York Multiple Dwelling Law Section 121, enacted on Oct. 21, 2016, as well as NYC Admin. Code 27-287.1, referred to as the "Airbnb Law," were unconstitutionally...

Did Landlord's Acceptance of Rent Before Starting Court Case Waive Its Right to Proceed?

October 29, 2018    

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case without trial because landlord accepted and retained two rent payments for the period after tenancy...

Court Permits Nonprofit Tenant Organizations to Join Lawsuit Against NYCHA

October 29, 2018    

The federal government sued NYCHA, claiming pervasive violations of federal health and safety regulations, systemic indifference, and a culture of dysfunction and deceit. The complaint cited peeling lead paint, mold...

Occupants Couldn't Submit Corrected Deposition Transcripts Three Months Late

October 27, 2018    

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, who represented the landlord.)

Landlord Proves Court Papers Were Properly Served

October 22, 2018    

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant claimed that landlord's court papers weren't properly served and that therefore the case should be dismissed. Specifically,...

Landlord Can Seek Attorneys' Fees from Tenant as Agreed in Settlement

October 22, 2018    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. The court later granted landlord's request for attorney's fees, in an amount to be determined...

Holdover Petition Served 13 Days Before Initial Court Date Was Defective

September 24, 2018    

Landlord sued to evict tenant. Landlord claimed that the building contained fewer than six apartments and therefore wasn't rent stabilized. Tenant agreed to move out but later asked the court to vacate the...

Tenant May Need Guardian ad Litem

September 20, 2018    

Landlord NYCHA sued to evict tenant for failing, neglecting, or refusing to furnish complete income verification information. Landlord said that tenant failed to appear at an administrative hearing after being given...